Tourist’s Tap Water Claim Dismissed by Italy’s Top Court
A recent ruling by Italy’s Court of Cassation has put an end to a tourist’s claim against a luxury hotel, determining that the establishment was not obligated to provide free tap water during a guest’s dinner. The high court found no evidence that the hotel had breached the terms of the guest’s holiday agreement.
The case involved Hotel Sassongher in Corvara, South Tyrol, where the woman reportedly spent a week over the Christmas and New Year period in 2019. She had booked a half-board package, which excluded drinks, at a cost exceeding 5,700 euros. During her meals, the guest requested tap water but was instead offered bottled mineral water, priced at seven euros for a 0.75-litre bottle.
The guest’s legal action alleged that she was “constantly denied” potable tap water and was consequently forced to purchase bottled water. She further argued that “water is a natural good and a universal human right for every individual,” seeking approximately 2,700 euros to compensate for alleged economic losses and emotional distress.
Legal Journey: From Local Justice to the Court of Cassation
This claim did not find favour with the lower courts. Before reaching the Court of Cassation, the case had already been dismissed by a justice of the peace in Rome and subsequently failed on appeal.
The ultimate decision by the Court of Cassation hinged on the specifics of the contractual agreement between the guest and the hotel. The judges concluded that there was no documented evidence to suggest that the hotel had explicitly promised tap water service as part of the purchased half-board package. Furthermore, the court found no existing regulation that mandated hotels, under these particular circumstances, to serve tap water at the restaurant table.
Silvio Belardi, the legal representative for Hotel Sassongher, commented on the ruling, stating that it reaffirms the absence of a “obligation” for hospitality venues to provide potable water to their guests.
International Perspective: The Tap Water Debate in Denmark
This situation echoes similar discussions in other European countries. For instance, reports suggest that in Denmark, there isn’t a broad legal duty for establishments to provide tap water upon request. Danish law, as understood in this context, typically requires assistance only in situations involving immediate danger to life or comparable emergencies.
In 2018, a citizen initiative in Denmark aimed at mandating free tap water in restaurants did not garner sufficient support. The proposal failed to reach the 50,000 signatures required to be formally considered by the Danish parliament. This highlights a recurring theme in consumer rights debates: the balance between consumer expectations and the legal and operational obligations of businesses.
The Italian court’s decision underscores the importance of clearly defined contractual terms and the specific legal frameworks governing hospitality services. While the guest’s perspective on water as a universal right is understandable, the legal recourse was ultimately limited by the absence of a contractual or statutory obligation on the hotel’s part to provide tap water freely in a dining setting. The ruling serves as a reminder for travellers to verify service inclusions when booking accommodation, particularly concerning beverages.
